1 00:00:23,71 --> 00:00:23,91 It is 2 00:00:23,92 --> 00:00:28,17 a welcome of this in for it's worth on the host Tommy Collette and tonight you know 3 00:00:28,18 --> 00:00:28,49 this is 4 00:00:28,50 --> 00:00:32,56 a subject matter that's that's funny because I think it's something we don't like 5 00:00:32,57 --> 00:00:38,39 to think about I know I didn't. With my parents and I thought it's something we you 6 00:00:38,40 --> 00:00:45,36 know it's uncomfortable to plan for the future retirement Dasa whatever but it's 7 00:00:45,37 --> 00:00:49,73 something that when it happens we wish we did we'll everybody on the ward is 8 00:00:49,74 --> 00:00:54,17 whether it's my family often one of something happens we call Jesus no we'll wind 9 00:00:54,18 --> 00:00:59,23 if we do this or someone gets sick the elderly one unless we've got the expert on 10 00:00:59,24 --> 00:01:03,86 you know tonight on this subject so get out Japan and because you're probably going 11 00:01:03,87 --> 00:01:06,40 to write some notes down here and like I said it's 12 00:01:06,41 --> 00:01:10,95 a subject that we avoid until it's too late and we all wish we did it family style 13 00:01:10,96 --> 00:01:14,97 idea wing and we know we've all been solved tonight we're going to clear it up so 14 00:01:14,98 --> 00:01:18,08 take depends how and because this thing to probably go on 15 00:01:18,09 --> 00:01:20,18 a jot down here and maybe give this gentleman 16 00:01:20,19 --> 00:01:25,85 a call and why he's not just an attorney who's who gives an expert on state 17 00:01:25,86 --> 00:01:29,46 preservation of is that what it is yeah that's right I mean the office after the 18 00:01:29,47 --> 00:01:35,09 UPS I He's also all is a big GO DIE was I guess Boston magazine two years in 19 00:01:35,10 --> 00:01:38,71 a row when they picked the hundred does lawyers in the state and usually around 20 00:01:38,72 --> 00:01:42,95 here they don't pick anybody it's always everybody for maybe four ninety five east 21 00:01:42,96 --> 00:01:46,79 off so if you want twenty eight days and I'm looking through here in two years in 22 00:01:46,80 --> 00:01:52,16 a row this gentleman Brendan King is in here of the hundred best lawyers in the 23 00:01:52,17 --> 00:01:56,21 state so we've got the man here so all you get out Japan and you probably want to 24 00:01:56,22 --> 00:01:58,13 give me a call one but you're Bob even if you don't get 25 00:01:58,14 --> 00:02:01,22 a call you going to probably want to take some notes down and see where you go with 26 00:02:01,23 --> 00:02:05,04 this and I want to welcome to the show up close personal friend of the great lawyer 27 00:02:05,05 --> 00:02:09,02 Brendan King thank you Todd appreciate it thanks for having me all right we will 28 00:02:09,03 --> 00:02:14,63 get started here with what exactly let's start out with this one we've. 29 00:02:15,97 --> 00:02:19,35 What is the stapling What made you go into that and I'm always curious because we 30 00:02:19,36 --> 00:02:22,75 have people on the show we have different things of everything from a plumber to 31 00:02:22,76 --> 00:02:27,97 a politician I say what made him want to do this what shows this is of also our law 32 00:02:28,13 --> 00:02:32,07 you know criminal law or whatever that's right well you know it's funny when you go 33 00:02:32,08 --> 00:02:35,70 through law it's almost like when you start college I'm always amazed that these 34 00:02:35,71 --> 00:02:39,47 kids who are eighteen years old and say hey I'm going to be an astronaut or I'm 35 00:02:39,48 --> 00:02:44,08 going to be you know and biomedical engineer how do you know you don't have 36 00:02:44,09 --> 00:02:47,42 a checkbook right I mean some of these kids who know these things it's all I'm 37 00:02:47,43 --> 00:02:51,60 always amazed by that but really what ended up happening is you know I end up going 38 00:02:51,61 --> 00:02:55,12 to law school knew I want to do something in the law and really is 39 00:02:55,13 --> 00:02:58,43 a matter of sometimes a process of elimination you know I tried I did 40 00:02:58,44 --> 00:03:02,99 a little work in the did some internships which I think was very helpful to do I 41 00:03:03,77 --> 00:03:08,00 knew that he didn't want to do that which is nice and then had this as my really my 42 00:03:08,01 --> 00:03:12,11 first choice but really need to whittle those things off no you in the past from 43 00:03:12,31 --> 00:03:15,63 doings and some of the real estate section you know did still 44 00:03:15,64 --> 00:03:19,40 a little bit in civil litigation criminal so at the end of the day I just know my 45 00:03:19,41 --> 00:03:22,52 personality and I think it's very important for kids who are going to school just 46 00:03:22,53 --> 00:03:27,42 to say hey you know this is what my personality is best suited for you know it's 47 00:03:27,46 --> 00:03:31,52 a problem solving and that's really what we do you know we sit down with clients we 48 00:03:31,53 --> 00:03:35,10 work with our clients it's not adversarial it's 49 00:03:35,11 --> 00:03:39,41 a they come to you I've got this problem what can we do together to figure out 50 00:03:39,71 --> 00:03:43,24 a good result for you and you know sometimes quite some even know what the problem 51 00:03:43,25 --> 00:03:47,77 is so it's really nice hands on type of practice because like you agree that what I 52 00:03:47,78 --> 00:03:48,42 say it's 53 00:03:48,43 --> 00:03:53,74 a subject we don't like to think oh you do agree yeah absolutely absolutely I mean 54 00:03:54,02 --> 00:03:55,75 there are other attorneys who do this for 55 00:03:55,76 --> 00:03:58,50 a living who don't have their own plate with don't have their own plan but I have 56 00:03:58,51 --> 00:04:02,66 the state's plan which is the you know the intestate statute so it really it's one 57 00:04:02,67 --> 00:04:06,09 of those things that nobody likes to talk about if you did like to talk about it 58 00:04:06,10 --> 00:04:08,98 you know it's probably something wrong with me it is something you have to talk 59 00:04:08,99 --> 00:04:13,60 about because whether you do your own plan or not you've got a plan and not having 60 00:04:13,61 --> 00:04:14,02 a plan is 61 00:04:14,03 --> 00:04:18,76 a plan all right with you. I'm back from Brendan King from Worcester That's right 62 00:04:18,77 --> 00:04:24,35 Western aid if OK in school and I went to the Holy Cross College right across the 63 00:04:24,36 --> 00:04:29,93 city and did my my undergraduate work there went to Suffolk law school for my GED 64 00:04:29,97 --> 00:04:36,00 and Boston University School of Law for my element taxation which is very helpful 65 00:04:36,01 --> 00:04:43,00 for what we do and I are area of law Mary that's right I'm married to. Was fifteen 66 00:04:43,01 --> 00:04:45,51 years with the D.A.'s office and now has a practice of her own doing 67 00:04:45,52 --> 00:04:48,37 a lot of criminal defense work so she's also 68 00:04:48,38 --> 00:04:51,64 a lawyer so you know we obviously deserve each other that's 69 00:04:52,38 --> 00:04:58,86 a lot of those jokes and for four kids from eight down eight to two so 70 00:04:59,01 --> 00:05:04,91 to five six and eight or seven and eight I should say that that that keeps him busy 71 00:05:04,92 --> 00:05:08,96 and keeps me working long hours OK Very good now they know you're credible this is 72 00:05:08,97 --> 00:05:09,60 a disguise and 73 00:05:09,61 --> 00:05:14,09 a fake you know here's the poll. You want one hundred best lawyers in the state 74 00:05:14,14 --> 00:05:19,85 let's get started they in again all right what is the state planning the again the 75 00:05:19,86 --> 00:05:23,24 someone out there prices they've done think about this what it would you would is 76 00:05:23,25 --> 00:05:27,38 that you know Estate planning is really what would you come in wanted to make it to 77 00:05:27,39 --> 00:05:28,56 be I think people have 78 00:05:28,57 --> 00:05:31,88 a different concept of what is and we hear all the time people come into our office 79 00:05:31,89 --> 00:05:35,19 time in the same hate and you know well and what they're saying is I need help I 80 00:05:35,20 --> 00:05:39,96 need help with something and what we call in our office you know the Rubik's Cube 81 00:05:39,100 --> 00:05:44,84 matter of planning your future and really we're not financial planners we're not 82 00:05:44,85 --> 00:05:49,20 sitting there you know managing your finances per se but really you know what's 83 00:05:49,21 --> 00:05:53,72 going to happen you know so the certain circumstance happened for instance you know 84 00:05:53,73 --> 00:05:54,96 a lot of times people say I need 85 00:05:54,97 --> 00:05:58,56 a well well do you know what I will does now well why do you need one so you know 86 00:05:58,57 --> 00:05:59,68 it really is more of 87 00:05:59,69 --> 00:06:04,38 a matter of having clients come in have them fill out we have an intake sheet we go 88 00:06:04,39 --> 00:06:06,100 through this intake sheet with our clients because 89 00:06:07,01 --> 00:06:10,59 a lot of times they're not sure what they need they think they know that they need 90 00:06:10,60 --> 00:06:15,35 to do something and judicially they do and it's our job to say Well that's true you 91 00:06:15,35 --> 00:06:19,26 . In other words and Rubik's Cube you need to do the our inside but you've got to 92 00:06:19,27 --> 00:06:22,79 do the other side stood here OK you can't just do one side I mean I used to take 93 00:06:22,80 --> 00:06:27,92 the stickers off you get to it that way but no you got to do it the right way and 94 00:06:27,93 --> 00:06:32,31 do it the right way you get with the right attorney an attorney who matches you 95 00:06:32,32 --> 00:06:36,92 know your personality works well with you it's not intimidating you know it doesn't 96 00:06:36,93 --> 00:06:37,33 say as 97 00:06:37,34 --> 00:06:43,11 a stupid question no question is stupid because you know it's indicative to us what 98 00:06:43,12 --> 00:06:47,41 it is that is important to you because no matter what we do we still got to kind of 99 00:06:47,42 --> 00:06:49,36 get it back to what the original concerns you find 100 00:06:49,37 --> 00:06:52,11 a lot of people do that they feel silly asking 101 00:06:52,12 --> 00:06:55,33 a question that they really should you know that day as there are 102 00:06:55,34 --> 00:06:59,28 a lot of people don't want to they feel stupid we tried and you've even been in our 103 00:06:59,29 --> 00:06:59,95 if we try to have 104 00:06:59,96 --> 00:07:05,61 a very very approachable way you know because it's hitting the exact opposite of 105 00:07:05,62 --> 00:07:10,07 the softness it's in you make people feel relaxed and yet say anything the west and 106 00:07:10,08 --> 00:07:13,25 we're not going to snicker make That's right that's right at least not in front of 107 00:07:13,26 --> 00:07:17,39 a face after but over Seriously it's very important it's very important to have 108 00:07:17,40 --> 00:07:21,44 that you know that relationship where you can pick up the phone call the attorney 109 00:07:21,45 --> 00:07:25,46 or send him an e-mail or her an e-mail and just say hey listen I was thinking about 110 00:07:25,47 --> 00:07:30,10 this and move this having it because if they don't tell us we don't know and we 111 00:07:30,11 --> 00:07:35,17 can't fix it so if we're to if we're that intimidating or if that unapproachable 112 00:07:35,18 --> 00:07:38,21 time is that they won't they won't bring That's where tension and we need to know 113 00:07:38,28 --> 00:07:41,87 every little thing matters while things out of simple as maybe they were forty 114 00:07:41,88 --> 00:07:44,34 that's right is not oh yeah I think 115 00:07:44,35 --> 00:07:47,35 a lot of times they see attorneys say all this trying to make money off me and yet 116 00:07:47,36 --> 00:07:52,03 not it isn't the same as when the mother stayed home brought up for five kids right 117 00:07:52,04 --> 00:07:56,10 out and the father you know one off the work and things are different now with two 118 00:07:56,11 --> 00:08:00,74 people working at divorces and you have kids from another marriage and Marshawn 119 00:08:00,75 --> 00:08:06,24 also. That that blended family just talk about is the typical family now it's 120 00:08:06,25 --> 00:08:10,61 almost atypical to have formative have they come in and say and I'm always like 121 00:08:10,62 --> 00:08:15,41 that's it you know there's nothing else because I mean there's always that you know 122 00:08:15,45 --> 00:08:21,83 key. From prior marriage maybe one of them was adopted in the other was an adopted 123 00:08:21,84 --> 00:08:26,40 a how do we preserve our state so that when I married my next wife but I want 124 00:08:26,41 --> 00:08:30,87 assets to go back to my children from the first marriage you know then of course 125 00:08:30,88 --> 00:08:33,47 the whole issue with special needs children 126 00:08:33,48 --> 00:08:37,88 a special needs trusts and how to protect assets for them and so you know when you 127 00:08:37,89 --> 00:08:41,95 look at our entire economy in clients who come in will get an intake sheet before 128 00:08:41,96 --> 00:08:44,96 they come in and we ask them to fill it out and they'll add they'll say What are 129 00:08:44,97 --> 00:08:46,79 these all these questions for there's 130 00:08:46,80 --> 00:08:50,25 a reason we're asking is because life is complicated and if we don't ask you and 131 00:08:50,26 --> 00:08:54,20 you don't tell us we're going to slip through the cracks and we kids can't have 132 00:08:54,21 --> 00:08:57,37 that happen because it's always the little things that you know the water in the in 133 00:08:57,38 --> 00:09:02,39 the rock split now you find ground in that people like I said they come once too 134 00:09:02,40 --> 00:09:07,82 late and then the bad that they didn't do this ten to fifteen years before like 135 00:09:07,83 --> 00:09:09,65 a little as well leading up to the ones 136 00:09:09,66 --> 00:09:15,53 a good time yeah OK let's say eight thirty forty what would you say is the time to 137 00:09:15,54 --> 00:09:18,79 stop thinking of these things your marriage of thirty years or you have one child 138 00:09:19,24 --> 00:09:22,94 and really WOULD YOU brought up before is crucially it's 139 00:09:22,95 --> 00:09:26,26 a different world right I mean I think in the old days people would go to their 140 00:09:26,27 --> 00:09:27,91 attorneys a general practitioner and 141 00:09:27,92 --> 00:09:32,08 a guy on the corner who did everything you know ham and eggs and everything else 142 00:09:32,77 --> 00:09:34,47 and he would bang your will out staple 143 00:09:34,48 --> 00:09:37,81 a blue sheet on the back of it stick in the file and that was it you're done with 144 00:09:37,82 --> 00:09:41,69 your estate planning but really what estate planning is it's not just death 145 00:09:41,70 --> 00:09:44,50 planning it's also life planning and really what it is it's 146 00:09:44,51 --> 00:09:50,24 a living breathing plan that the rose in goes with you so you know when you get to 147 00:09:50,25 --> 00:09:53,81 you would mention thirty is that too young not really because you know idea you're 148 00:09:53,82 --> 00:09:57,66 married to have kids when you guardianship provisions what's important to you and 149 00:09:57,67 --> 00:10:01,78 just to know that that plan is going to change over time so we can't just stick it 150 00:10:01,79 --> 00:10:06,02 on the shelf like we used to we have to kind of revisit it and so in our office 151 00:10:06,03 --> 00:10:09,92 what we just you know really try to harp on as every couple years we want to see 152 00:10:09,93 --> 00:10:13,85 our clients whether they think things have changed or not and quite often times 153 00:10:13,86 --> 00:10:17,86 when we say come on back in the. You know at some to change I bought this or I 154 00:10:17,87 --> 00:10:21,14 should have had that should that have gone to my trust what do I do with this 155 00:10:21,15 --> 00:10:25,18 aspect you know I'm planning on getting remarried or going through 156 00:10:25,19 --> 00:10:29,39 a divorce you know how do these aspects of life I mean think about two years ago 157 00:10:29,40 --> 00:10:32,10 how your life is changing my life and things change in just 158 00:10:32,11 --> 00:10:37,67 a couple years so your plan does need to be revisited and now do you find that that 159 00:10:37,68 --> 00:10:38,55 a lot of families as 160 00:10:38,56 --> 00:10:43,49 a lot of people die in other words I should have done this and how come I gets this 161 00:10:44,09 --> 00:10:49,27 that you have and honestly you have to be specific you really mean things specific 162 00:10:49,31 --> 00:10:52,67 you know when you need to have them be addressed and that's really where the 163 00:10:52,68 --> 00:10:58,68 specialist comes in because the specialist we do so much volume that we're more apt 164 00:10:58,69 --> 00:11:02,91 to see those issues come up maybe more than someone who's maybe doing real estate 165 00:11:02,92 --> 00:11:06,49 in the morning in the horse in the afternoon and then maybe banging your will out 166 00:11:06,50 --> 00:11:10,36 of the you know and I know we see a lot of this is so we're more after 167 00:11:10,37 --> 00:11:15,61 a come across it so our documents reflect prior issues that have come up that you 168 00:11:15,62 --> 00:11:21,91 know twelve thirteen fourteen page intake sheet is borne out of our history of 169 00:11:21,92 --> 00:11:25,38 going through some of these issues with our clients when I go had that one go again 170 00:11:25,42 --> 00:11:29,30 OK we're going to ask you about that and we ask everything from you know your 171 00:11:29,31 --> 00:11:33,38 homeowner's insurance to you know where they have long term care insurance or you 172 00:11:33,39 --> 00:11:36,55 know whether you have any asset protection concerns prior bankruptcy whether your 173 00:11:36,56 --> 00:11:41,73 kids have any issues so really it's more just about hey you're living now 174 00:11:41,77 --> 00:11:44,98 protecting your assets while you're alive making sure they get to the right place 175 00:11:44,99 --> 00:11:48,34 and making sure they stay in the right place even beyond because people want to 176 00:11:48,35 --> 00:11:51,86 control assets from beyond the grave which they can do if their legal right to do 177 00:11:51,87 --> 00:11:56,25 so all right if you just join in here you know sometimes people of the nations 178 00:11:56,93 --> 00:12:03,14 we've got Brendan King on. State preservation water offices on seventy one Elm 179 00:12:03,15 --> 00:12:08,85 Street it's right by the way right up the street going one on the street. And again 180 00:12:08,86 --> 00:12:09,98 and we're talking about 181 00:12:09,99 --> 00:12:13,65 a subject here and I will in the show because you just told in the subject we like 182 00:12:13,66 --> 00:12:18,33 to avoid often tools to allay. What we're going to deal with thought you know the 183 00:12:18,34 --> 00:12:22,93 elderly it's another thing to be behaving longer That's right and yet someone does 184 00:12:22,94 --> 00:12:27,22 it well we'd like to have them stay at home but they can't be more yeah and you 185 00:12:27,23 --> 00:12:29,36 deal with this big part of big part of 186 00:12:29,37 --> 00:12:33,81 a state planning it's funny you know when I first started practicing it wasn't even 187 00:12:33,82 --> 00:12:39,83 a real area of law you know it was something that some people did and asset 188 00:12:39,84 --> 00:12:44,49 protection for the elderly you know he getting older you know you've got long term 189 00:12:44,50 --> 00:12:48,92 care expenses to consider you know you talk about twelve thirteen thousand dollars 190 00:12:48,93 --> 00:12:53,42 a month while coming out of your estate you know the estate tax maybe isn't so much 191 00:12:53,43 --> 00:12:57,92 a concern anymore the estate tax levels have rivet risen federally at least over 192 00:12:57,93 --> 00:13:01,20 the past few years you know the big concern is you know that has been 193 00:13:01,21 --> 00:13:05,83 a growing area of practice is the elderly and nursing home planning in making sure 194 00:13:05,84 --> 00:13:10,03 that you have assets that you can take care yourself that you really are where you 195 00:13:10,04 --> 00:13:15,11 want to be I want to be home long term care insurance making sure that you know 196 00:13:15,12 --> 00:13:15,41 taking 197 00:13:15,42 --> 00:13:20,38 a look at that is that is that an option and if so how much should we get all kinds 198 00:13:20,39 --> 00:13:23,64 of bells and whistles no we don't sell the insurance but you know we're certainly 199 00:13:24,20 --> 00:13:28,23 savvy enough and have seen enough policies to say this might make sense or not to 200 00:13:28,24 --> 00:13:31,67 release hope people into the right professional so that they can they can make 201 00:13:31,68 --> 00:13:35,56 those decisions on their own but also backing that up with maybe some trust maybe 202 00:13:35,57 --> 00:13:38,72 protecting your homes and trust and how does that work a lot 203 00:13:38,73 --> 00:13:43,07 a lot of misconceptions in the area of Long Term Care Plan A OK brother because 204 00:13:43,11 --> 00:13:45,78 those flying there because it's two times what I want to get 205 00:13:45,79 --> 00:13:50,81 a lot of stuff out here OK Brendan King stay put OK Someone's out the what would 206 00:13:50,82 --> 00:13:51,74 you suggest as 207 00:13:51,97 --> 00:13:56,02 a starting point that audience out there someone sitting there you know if what he 208 00:13:56,03 --> 00:13:59,50 is all forty five years old and they say this and they had this is you know jeez I 209 00:13:59,51 --> 00:14:01,100 really have a reportable together with no forty five we have 210 00:14:02,01 --> 00:14:06,33 a decent job married with three kids what would you suggest to somebody my 211 00:14:06,34 --> 00:14:11,39 suggestion would be this my suggestion is talk to somebody and you really don't 212 00:14:11,40 --> 00:14:15,86 even know what the issues are I think it's important to be educated name maybe go 213 00:14:15,87 --> 00:14:15,100 to 214 00:14:16,01 --> 00:14:19,100 a seminar you know you get these things in the mail sometimes but what I offer clients 215 00:14:20,01 --> 00:14:23,91 is this we offer free consultations so come on and it's only going to cost you some 216 00:14:23,92 --> 00:14:28,61 time. What have you fill out the intake sheet talking about what your concerns are 217 00:14:28,62 --> 00:14:31,70 and then maybe point in the right direction A You might want to think of this these 218 00:14:31,71 --> 00:14:33,24 eruptions maybe a B. And C. 219 00:14:33,73 --> 00:14:36,82 A lot of times client will say well how much is that going to cost me I always say 220 00:14:36,83 --> 00:14:37,75 it's like I'm 221 00:14:37,76 --> 00:14:41,32 a mechanic I got to look under the hood as if you tell your mechanic I hate my cars 222 00:14:41,33 --> 00:14:42,73 make a noise how much I got a cause I got 223 00:14:42,74 --> 00:14:45,20 a look under the hood right come on in it's not 224 00:14:45,21 --> 00:14:49,49 a caution anything no obligation sit down bought an hour and it'll go through it in 225 00:14:49,50 --> 00:14:53,99 a consultation stop when you're at seventy one Elm Street that's right one OTOH 226 00:14:53,100 --> 00:14:54,89 that's not far from 227 00:14:54,90 --> 00:14:58,95 a studio here and so when he was so they can come in and does not have a cost of 228 00:14:58,96 --> 00:15:01,33 a thing not a made out of them with you it's going to cost just 229 00:15:01,34 --> 00:15:05,53 a tiny What do you think Yeah I've got grandparents in my that's right getting ill 230 00:15:05,54 --> 00:15:08,61 is something they're in the seventy's or eighty's and you can give them some of the 231 00:15:08,62 --> 00:15:12,82 nuts and that's right no charge for that it will end they'll leave knowing what 232 00:15:12,83 --> 00:15:14,80 they should be thinking about because 233 00:15:14,81 --> 00:15:17,56 a lot of times people don't even know what they should be thinking about I agree 234 00:15:17,76 --> 00:15:21,05 they're thinking like well you know I don't have anything to worry about well maybe 235 00:15:21,06 --> 00:15:26,47 you do or maybe you don't but it's good to find out OK Very good so what are some 236 00:15:26,48 --> 00:15:31,27 of the common mistakes that people make out that you would give someone they're 237 00:15:31,28 --> 00:15:35,44 going to depend on what would you say is the most common things that you want to 238 00:15:35,45 --> 00:15:39,54 cross that people don't do when they think they're doing it right if one thing in 239 00:15:39,55 --> 00:15:42,10 this area is what I would say is is you know 240 00:15:42,11 --> 00:15:46,97 a state is too small Ok no one state is always there all because you know what you 241 00:15:46,98 --> 00:15:51,02 know what we find is that someone has something to that they want to protect 242 00:15:51,03 --> 00:15:55,39 they've earned and worked for something or maybe they don't have very much at all 243 00:15:55,40 --> 00:15:59,48 and they're trying to maybe protect the what assets they do have from the benefits 244 00:15:59,87 --> 00:16:03,68 that they that they might be on or maybe they're getting an inheritance very small 245 00:16:03,69 --> 00:16:09,34 estates so our office is very very broad spectrum of clients never they think 246 00:16:09,35 --> 00:16:13,21 something could be in the idea but I think sometimes people think I've just got 247 00:16:13,22 --> 00:16:16,34 a little house I've lived in thirty years it's worth one hundred twenty five 248 00:16:16,99 --> 00:16:20,86 hundred fifty thousand why do I need this right and honestly that isn't that's our 249 00:16:20,87 --> 00:16:21,32 brand bought 250 00:16:21,33 --> 00:16:24,70 a client you know Mr Smith on the side of one of those very Dr trying to figure. 251 00:16:25,50 --> 00:16:28,89 Every day OK we're doing stuff like that all of you people up at all watching this 252 00:16:29,10 --> 00:16:29,80 because I know that's 253 00:16:29,81 --> 00:16:33,33 a perceptive all right by going to the attorney here I really have to have the 254 00:16:33,34 --> 00:16:38,04 property down the Cape but it was already in it's not really that way even under 255 00:16:38,05 --> 00:16:41,66 the guy who doesn't have that much should I write consult That's right because at 256 00:16:41,67 --> 00:16:44,91 least again it's not going to cost them anything to do so and they going to find 257 00:16:44,92 --> 00:16:49,30 out what they can do with what they have and certainly that you know that's worth 258 00:16:49,35 --> 00:16:52,36 investigating you know the other thing that we see 259 00:16:52,37 --> 00:16:55,67 a lot of is you know make sure that you're seeing 260 00:16:55,68 --> 00:16:59,77 a specialist you indicated something earlier that I think is very true the world is 261 00:16:59,78 --> 00:17:04,03 very complicated we don't do anything but this you know we don't even draft the 262 00:17:04,04 --> 00:17:09,85 deeds that those that go with moving some of the properties that we that we do move 263 00:17:10,45 --> 00:17:13,20 so you know very specialized and I think you need to see 264 00:17:13,21 --> 00:17:17,38 a specialist too many people out there trying to do this time yeah and ng and their 265 00:17:17,39 --> 00:17:20,03 you know they're not in there with this book Brennan said because you would want to 266 00:17:20,04 --> 00:17:23,94 go to a doctor who does open house surgery on you but he's really 267 00:17:23,95 --> 00:17:26,84 a nice surgery but I'd rather go to 268 00:17:26,85 --> 00:17:30,85 a guy that just does not surgery that's right and. I don't want 269 00:17:30,86 --> 00:17:36,59 a lot of PETA go at the touch of my hair right. Now is that good point because 270 00:17:36,60 --> 00:17:39,46 you're doing nothing but this that's right that's right and it's 271 00:17:39,47 --> 00:17:44,28 a great analogy and we use that oftentimes you know. Medicine is 272 00:17:44,29 --> 00:17:47,27 a perfect example you know you don't go to a general practitioner to have 273 00:17:47,28 --> 00:17:51,41 a stent put in you know you know you go to a cardiologist or so you know that's 274 00:17:51,42 --> 00:17:53,21 a that's another one and then you know 275 00:17:53,25 --> 00:17:58,75 a lot of times people think that you know I haven't done any planning they'll come 276 00:17:58,76 --> 00:18:00,62 into our office and say wall this is 277 00:18:00,63 --> 00:18:02,95 a favor one of my is pretty specific but it happens 278 00:18:02,96 --> 00:18:06,97 a lot I thought I could just make when the thinking about transferring assets out 279 00:18:06,98 --> 00:18:09,58 of their estate I thought I could just make ten thousand dollars 280 00:18:09,59 --> 00:18:15,20 a year of gifts and it was OK for the nursing home be mindful of separate 281 00:18:15,21 --> 00:18:19,80 categories of issues and that's really where specialty comes in is that when 282 00:18:19,81 --> 00:18:24,30 someone says that I thought I could give thirteen or ten thirteen Now dollars 283 00:18:24,31 --> 00:18:27,14 a year. Person away they're talking about 284 00:18:27,15 --> 00:18:31,75 a tax thing they're talking about what's known as the present interesting gift tax 285 00:18:31,76 --> 00:18:36,72 exclusion not nursing home you can't just give away money and not expect to 286 00:18:36,73 --> 00:18:40,29 possibly be penalize later if you were ever to apply for Mass Health 287 00:18:40,30 --> 00:18:45,18 a long term care planning so it's little things like that is why it would kind of 288 00:18:45,19 --> 00:18:47,11 reiterate what I was saying before about seeing 289 00:18:47,12 --> 00:18:51,14 a special she really need to kind of know because we find lawyers of doing these 290 00:18:51,15 --> 00:18:52,32 things to even C.P.S. 291 00:18:52,33 --> 00:18:55,72 You know we'll find other advisers and you can do that just being mistaken on the 292 00:18:55,73 --> 00:18:59,38 facts you can do it for one reason but just because you can do it for one reason 293 00:18:59,39 --> 00:19:02,73 because I mean you can't do it for another you know there Rubik's Cube method you 294 00:19:02,74 --> 00:19:06,43 know that OK that we taught or didn't have some common things we started 295 00:19:06,44 --> 00:19:10,06 a little bit and threw up then you know but what would you think there's some 296 00:19:10,07 --> 00:19:12,25 things that you say to somebody look out that this is 297 00:19:12,26 --> 00:19:16,30 a common mistake you think it is that you think you've got it all down yeah and so 298 00:19:16,31 --> 00:19:21,12 that's one another one is you know if you think that just having your home in any 299 00:19:21,13 --> 00:19:23,34 trust protection or house or having 300 00:19:23,35 --> 00:19:28,93 a homestead protect your house from the cost of long term care people all the time 301 00:19:28,94 --> 00:19:32,01 will come in and say to me oh my house is protected it's in trust and I look into 302 00:19:32,02 --> 00:19:36,46 revokable trust Oh really and I'll say this isn't protecting your house at all you 303 00:19:36,47 --> 00:19:40,38 know they think that their house also I put it in trust years ago well it depends 304 00:19:40,39 --> 00:19:45,10 on the type of trust you put it also the homestead fact you know someone will put 305 00:19:45,11 --> 00:19:50,27 their eye homes that which is an asset protection protective device that you file 306 00:19:50,28 --> 00:19:53,83 at the registry deeds are going to have an automatic one for one hundred twenty 307 00:19:53,84 --> 00:19:56,59 five thousand dollars but you can get one for five hundred thousand dollars of 308 00:19:56,63 --> 00:20:01,44 equity protection on your home that you can file now that will protect you from 309 00:20:01,49 --> 00:20:05,00 your general creditors but it's not to protect you and protect the house from long 310 00:20:05,01 --> 00:20:09,64 term care oh I didn't know that that's interesting so I always assumed that the 311 00:20:09,65 --> 00:20:14,72 homes that. You will cover there you go they want to get I'm glad you came on to 312 00:20:14,73 --> 00:20:19,38 make that point because so long term care that doesn't apply here doesn't apply 313 00:20:19,58 --> 00:20:23,47 doesn't apply so if so you file that homestead the homestead is actually could 314 00:20:23,48 --> 00:20:25,26 protect you know if you go out on your. It's someone with 315 00:20:25,27 --> 00:20:28,68 a car and something to that effect I mean it's based on the theory that everyone 316 00:20:28,69 --> 00:20:28,85 needs 317 00:20:28,86 --> 00:20:32,90 a place to live and clued in people who you know do that sort of thing and you got 318 00:20:32,91 --> 00:20:35,60 to live somewhere you know your retirement plans are protected the certain 319 00:20:35,86 --> 00:20:40,00 exemptions that we had so what did someone say about this but I think what I'm 320 00:20:40,01 --> 00:20:41,28 thinking that's when I want to get 321 00:20:41,29 --> 00:20:44,81 a home say I have to get this is no problem what would you tell them Well what I 322 00:20:44,82 --> 00:20:48,84 would say is you know you may be protected from what your concerns were you know if 323 00:20:48,85 --> 00:20:53,11 your concerns were just general being generally liable for something like hitting 324 00:20:53,12 --> 00:20:57,23 some with your car but if your concerns are nursing home or protecting your home 325 00:20:57,27 --> 00:21:01,33 from the cost of long term care no that's not going to do it at all so my 326 00:21:01,34 --> 00:21:06,37 suggestion would be come on and then we can talk about options because again 327 00:21:06,38 --> 00:21:10,25 there's no one size fits all and I got to look under the hood and say this might be 328 00:21:10,26 --> 00:21:14,39 an option but quite often it's an irrevocable type trust that we would put 329 00:21:14,40 --> 00:21:18,61 someone's house in and that would start what's called good snow and that five year 330 00:21:18,62 --> 00:21:23,60 look back period that's something else that people oftentimes mistake time is that 331 00:21:23,61 --> 00:21:28,41 that period and how that works you know people you know may make the mistake this 332 00:21:28,42 --> 00:21:34,04 saying that or thinking that you know I don't have to or I'm too late to do 333 00:21:34,05 --> 00:21:37,91 something well there's never really too late but you had indicated earlier which I 334 00:21:37,92 --> 00:21:38,20 thought was 335 00:21:38,21 --> 00:21:42,06 a good point you know is there are too late situation know that you can do stuff 336 00:21:42,07 --> 00:21:45,21 right up but you have more options if you plan and really when you're thinking 337 00:21:45,22 --> 00:21:51,02 about long term care planning the more and in advance that you plan the better off 338 00:21:51,03 --> 00:21:54,78 with the more options you. So when the age of the boys like I told you that's 339 00:21:54,79 --> 00:21:57,84 actually more common now seventy five percent of the people I've just read 340 00:21:57,85 --> 00:22:02,72 a story get divorced so actually you are needed more you are what you are doing 341 00:22:02,76 --> 00:22:06,90 than ever before because of the children from the previous Yeah ridge and now 342 00:22:06,91 --> 00:22:08,80 people are third marriage so there's a lot of 343 00:22:08,81 --> 00:22:12,21 a lot more things going on and you want to make sure kids are provided for that's 344 00:22:12,22 --> 00:22:16,90 right that's right the previous marriage you can't just let it go and I think 345 00:22:16,91 --> 00:22:18,11 a lot of people would just want to turn 346 00:22:18,12 --> 00:22:22,39 a blind eye to it but as painful it is that as it is to plan you've got 347 00:22:22,40 --> 00:22:26,10 a plan because if you don't plan it's not going to happen at least not in the way 348 00:22:26,11 --> 00:22:30,61 that you want something will happen chaos and you know it and I got to tell you 349 00:22:30,62 --> 00:22:34,70 that you've really got to get the details on that stuff and make sure and think 350 00:22:34,71 --> 00:22:38,43 about you know what assets you'd want to leave in are those the best assets to 351 00:22:38,44 --> 00:22:42,06 leave the kids that we leave retirement assets to we leave you know the House we're 352 00:22:42,36 --> 00:22:47,07 going to go you know again special needs planning has become big in recent years 353 00:22:47,08 --> 00:22:51,45 you know protecting children with respect to the benefits they may be on such as 354 00:22:51,46 --> 00:22:52,18 S.S.I. 355 00:22:52,19 --> 00:22:56,73 Or mass health you know those are asset base programs where kids can't just receive 356 00:22:56,74 --> 00:23:01,53 the assets in their own name how do we plan for that you can't let it go you know 357 00:23:01,54 --> 00:23:04,88 especially and special needs planning times run out if she had 358 00:23:04,89 --> 00:23:08,27 a kid you put up off Brendan's I'd never guess because I'm sure people want to 359 00:23:08,28 --> 00:23:12,50 probably go and see him now write it down and like you said it's consultations free 360 00:23:12,57 --> 00:23:17,46 absolutely free so you come in very good put it up there bronze on Elm Street and 361 00:23:17,47 --> 00:23:20,59 he's been pick two years in a row Boston Magazine gain 362 00:23:20,60 --> 00:23:25,28 a better than that one of the hundred best lawyers in the States all go in and see 363 00:23:25,29 --> 00:23:29,79 him great guy I trust when I give my word of the longtime family great family great 364 00:23:29,80 --> 00:23:33,68 people so like you say that's good so sometimes people freight the going is all 365 00:23:33,69 --> 00:23:37,04 it's going to be to want to dogs and cats right so really they can come in there 366 00:23:37,05 --> 00:23:39,76 spend the now if you can find out what's going on what that's right on that's where 367 00:23:39,77 --> 00:23:40,94 I end up there's a class of 368 00:23:40,95 --> 00:23:44,21 a thing that's right and if they want to stick with the one for that you'll be all 369 00:23:44,22 --> 00:23:50,18 you can have the whole thing absolutely absolutely soup to nuts OK and. We're 370 00:23:50,19 --> 00:23:53,93 almost tied to get ID and I'm not a long time I'm curious to know 371 00:23:53,94 --> 00:23:56,82 a little was at the end of the show he's going to say that he I know he wants to 372 00:23:56,83 --> 00:23:58,39 get on with he's all but 373 00:23:58,40 --> 00:24:03,40 a little long time so it was back to three. Oh yeah because we had 374 00:24:03,41 --> 00:24:06,19 a finality you know he's been there for his wife probably going to kill him when he 375 00:24:06,20 --> 00:24:11,94 has the answers but. So let's get your address here yeah seventy one Elm Street 376 00:24:11,95 --> 00:24:17,40 that's right in King and emails peeking at state preservation com and. 377 00:24:18,77 --> 00:24:23,78 Preservation Law dot com Here check us out on the on the web and you know we do 378 00:24:23,79 --> 00:24:27,91 have satellite offices as well so you know we do travel that's the other thing 379 00:24:27,92 --> 00:24:31,75 a lot of our clients will wonder hey you know do I got to come in or do I have to 380 00:24:31,76 --> 00:24:36,31 commend you know housebound or we've travel we're in the car all the time also that 381 00:24:36,53 --> 00:24:39,62 we've really tried to cut all the excuses out because to your point no one wants to 382 00:24:39,63 --> 00:24:44,70 do this so they invent excuses right you know what we try to do is how can we help 383 00:24:44,74 --> 00:24:48,12 you how can we help get you through the process because it's got to be done also 384 00:24:48,13 --> 00:24:52,15 you travel to people's house we do all this guy's really good this really good you 385 00:24:52,16 --> 00:24:56,32 got to go go over to your car I know you can drive. I just going to ask you one 386 00:24:56,33 --> 00:25:00,33 question before we go they're going to have the brake if my wife's brakes don't 387 00:25:00,34 --> 00:25:03,60 work so suddenly are cock coming down an airport hell and she gets 388 00:25:03,61 --> 00:25:08,97 a tree yeah do I still get all the assets coming after that I'll talk to you after 389 00:25:08,98 --> 00:25:12,71 the show we go look out about that sometimes the brakes might not work you know 390 00:25:12,72 --> 00:25:18,16 that happened I would have it exactly happen like that now but you know good great 391 00:25:18,17 --> 00:25:22,59 guys the best go in and see and he's all very honest family very going to Guy I'm 392 00:25:22,60 --> 00:25:26,22 one time and like I said I avoided this and I had 393 00:25:26,23 --> 00:25:28,70 a tragedy my family my wife and there's 394 00:25:28,71 --> 00:25:32,97 a lot of complications there that happened because I put it off like everybody else 395 00:25:32,98 --> 00:25:35,58 we don't like to do it but you should do once I get anything else I get 396 00:25:35,59 --> 00:25:39,43 a physical you put it off and put it off then you go when you hear bad news you say 397 00:25:39,44 --> 00:25:41,24 I wish I came to a doctor so it was 398 00:25:41,25 --> 00:25:43,77 a gulf that's fault Brendan King So we're going to take 399 00:25:43,78 --> 00:25:50,41 a little Cuisia before we go right now is nervous. If you're right. Oh yeah it's 400 00:25:50,42 --> 00:25:53,70 a personal nervous about this than they do the other sort of thing OK ready 401 00:25:53,91 --> 00:25:57,13 favorite all time T.V. Show favorite all time T.V. 402 00:25:57,14 --> 00:26:02,19 Show I'd probably say mash mash OK favorite all time movie favorite all time movie 403 00:26:02,20 --> 00:26:08,18 got to go Star Wars All right your favorite actor my favorite actor I would have to 404 00:26:08,19 --> 00:26:15,05 say I like Matt Damon Yeah OK. You know 405 00:26:15,43 --> 00:26:19,34 favorite actress I'm going to say I went on 406 00:26:19,35 --> 00:26:21,41 a ride or in order to go that's there for 407 00:26:21,42 --> 00:26:24,49 a while we haven't heard that we began this about seven years they were the very 408 00:26:24,89 --> 00:26:27,12 favorite music you know listen to one type of music 409 00:26:27,13 --> 00:26:31,74 a band the rest of your life and I would say you know so nerve on 410 00:26:31,75 --> 00:26:36,34 a program yeah yeah that era Yeah guys back when I had hair this guy said. 411 00:26:38,67 --> 00:26:43,66 Very good OK Favorite food you get only one thing the rest deal like this is ticket 412 00:26:43,67 --> 00:26:47,09 because this is all you don't need NOW All right I'm going to go with pizza pizza 413 00:26:47,52 --> 00:26:48,15 got to go it's 414 00:26:48,16 --> 00:26:54,30 a pizza for an Irish guy now I know very good OK favorite vacation place. You know 415 00:26:54,31 --> 00:26:59,08 nostalgic I go Cape Cod You know just growing up down the cape when I was younger 416 00:26:59,12 --> 00:27:04,20 lot of OK What's one thing I like about that was one thing I like about the western 417 00:27:04,21 --> 00:27:06,60 areas the people and from what from 418 00:27:06,61 --> 00:27:12,26 a western guy I get what your people and you know I think that you know we have 419 00:27:12,27 --> 00:27:15,77 a good relationship and what you know that's that's our bread and butter central 420 00:27:15,78 --> 00:27:21,94 mass and we just we the people are good hardworking honest people that's what we're 421 00:27:21,95 --> 00:27:25,41 going to bothers you about the wisteria I think the one thing that probably bothers 422 00:27:25,42 --> 00:27:32,12 me about the western area is you know the way that I would say that it it hasn't 423 00:27:32,21 --> 00:27:36,80 progressed the way I think it could you know you have the tapped into all our 424 00:27:36,81 --> 00:27:39,55 recent exactly that's funny that's been an answer on it on 425 00:27:39,56 --> 00:27:45,06 a long time and yeah but you above sixty seventy. Jumping on the almost idea but 426 00:27:45,07 --> 00:27:48,06 you're right about that yeah there's so many great things we could have you know we 427 00:27:48,07 --> 00:27:51,49 just don't seem to get that's right OK. Brendan King thanks for coming on that and 428 00:27:51,50 --> 00:27:56,24 I appreciate it stopping and feel that ever think well right now we can talk about 429 00:27:56,24 --> 00:27:56,24 .